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Ontario Highway Traffic Act

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first speeding ticket
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PostPosted: Thu Oct 06, 2011 12:39 pm 
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I've had my drivers license for 4 years now and I've just been pulled over for the first time yesterday. It was on the 401 east side Scarborough and I was driving fast. I saw the police driving in front of me and I slowed down. He then went behind me and started following me and while he was following me I was maintaining a speed of around 120 or less (this is on the 401 at 11:30pm where the minimum speed you will see is 120km/h on the road. Then he pulled me over and told me he had radar on both sides of his car and that he clicked me at 140. Anyway he asked me about my record and where I was driving to and the usual questions and asked for my license and insurance. He went back to his car made me wait for 20 minutes then came back and said he gave me a reduced ticket of 105 in a 100 zone and said there is no demerit points and that the fine is $27.50.

Now I'm wondering if he is lying about catching me with radar because he reduced the speed amount by so much. $27 is not really a lot of money and I can pay it easily but If I can I would like to fight this so that I can keep my record spotless as it was up until now. Do you think it would be worth it and what are my chances of winning and/or the police officer not even showing up to court?


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Re: first speeding ticket
PostPosted: Thu Oct 06, 2011 3:28 pm 
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Joined: Fri Jun 18, 2010 9:45 am
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Location: Waterloo
This ticket is not worth fighting at all. The police officer more than likely did clock you at 140+, easily too, if you did approach him at a high rate of speed during low volume of traffic it would be hard to not have noticed your vehicle in his rear view mirror and his radar display in the front dash reading 140+.

He did you a great favour probably because it was your first offence by reducing the ticket to 105. If you do take this to court the prosecutor has every right to raise the offence back to the original speed if noted by the officer and would be very risky for you to risk the increase in points and monetary fine.

Consider yourself lucky.

Just because it is 11:30pm at night does not mean you can't get a ticket for travelling above the posted speed limit.

In fact you're MORE likely in my opinion because you stick out like a sore thumb to any officer and it is easier to get a reading and easier to pull you over with less volume on the road.


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Re: first speeding ticket
PostPosted: Thu Oct 06, 2011 5:51 pm 
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Location: Ontario, Canada
Get disclosure then you can see the Officers notes. If he really did clock you at 140 and lowered it to 105 thats not a bad deal. Keeping in mind the points are bad but its still the Conviction that WILL raise your insurance.

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Re: first speeding ticket
PostPosted: Thu Oct 06, 2011 6:48 pm 
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Location: In YOUR rearview mirror!
admin wrote:
Keeping in mind the points are bad but its still the Conviction that WILL raise your insurance.

just clarifying for OP
5km over = 0 points
40km over = 4 ponts

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Re: first speeding ticket
PostPosted: Thu Oct 06, 2011 7:50 pm 
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Yess exactly what HwyBear said...its 16 and over for any points, but you still will be convicted at 105, no points but better than a 140 conviction thats for sure....This is where if you really want to fight this you get disclosure, make sure theres a radar type reading then act...but from what we see here regularly, I bet NO Prosecutor would even give you 105 from a 140 as deal, UNLESS maybe if there are some fatal problems with your ticket, thats why its best to still get disclosure and move from there. Then you can always still hire a Paralegal or take the original ticket and pay that.

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Re: first speeding ticket
PostPosted: Fri Oct 07, 2011 1:16 am 
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Joined: Thu Feb 26, 2009 11:45 am
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Location: Orillia
With a 5-over ticket and a spotless record (up to now), I think most insurers will forgive it. I was able to get two minor speeding tickets before the age of 22 and my insurer forgave both with no rate increase (although I did get a phone call on the second one that warned me not to get a third). My opinion, unless there is a fatal error on the ticket or some other factor in the case that pretty much guarantees a win for you, pay the ticket and move on. It's not worth risking a 40-over conviction should you lose.

setdin2 wrote:
(this is on the 401 at 11:30pm where the minimum speed you will see is 120km/h on the road.


I routinely do 100 down the 401 at night, and after 11:00 PM or so it's generally empty enough that you can do whatever speed you please and other cars have room to pass you. Even during the day, I've found the right-hand lane of the 401 to flow at 100-110 km/h outside of rush hour, because there is enough traffic volume and enough bad drivers to keep speeds down that low -- no such luck on the 400, though. Cars there either do 90 or 130 with poor me caught in the middle. :(

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